DAPA rescinded

ON November 20, 2014, President Barack Obama announced that its administration will stop deporting certain undocumented parents of U.S. citizens and parents of legal permanent residents.  These individuals will also be allowed to get work permits to enable them to work and get a driver’s license.  This program has been named as the Deferred Action for Parental Accountability (DAPA).   Enforcement of this program was blocked by the Federal Court when the State of Texas filed a petition to question its validity.

This program has now been rescinded by the Secretary of the US Department of Homeland Security on June 16, 2017.  With the rescission of this program, hopes to come out in the open without fear and work legally have been dashed for these affected immigrants.

The rescission of DAPA however has not affected an existing program created by the Obama Administration, the Deferred Action for Childhood Arrivals (DACA). This program grants a reprieve for undocumented immigrants who entered the country as children.  Individuals who have availed of this program were given work permits which enabled them to work and get a driver’s license.  These individuals must file a request for deferred action with the Department of Homeland Security (DHS). Once the request is granted, they will be able to continue staying in the US for a period of two years without threat of deportation.  In order to qualify for this type of Deferred Action, the individual must:  (1) be between the ages of 16 and 30 as of June 15, 2012; (2) have entered the United States while he/she was below 16 years of age; (3) be present in the US for five years as of June 15, 2012 have maintained continuous residence; (4) be currently in school, have graduated, have a GED, or have honorably discharged from the military; (5) not have been convicted of a felony, significant  misdemeanor, or multiple minor misdemeanors.

Whether or not DACA will continue to exist is still uncertain.   The Trump Administration has announced that they are still reviewing this program.  Individuals who are covered under this program may want to take advantage of this program by filing their applications as soon as possible while this program is still available.

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Atty. Dennis E. Chua is a partner in The Law Firm of Chua Tinsay and Vega (CTV), a full service law firm with offices in San Francisco, San Diego and Manila. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (415) 495-8088; (619) 955-6277; [email protected]. The CTV Attorneys will be at Max’s Restaurant in Vallejo on October 19, 2009 from 5pm to 7pm to hold a FREE legal clinic.


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